Agreement between User and https://www.hydromassageproducts.com/
Welcome to https://www.hydromassageproducts.com/. The https://www.hydromassageproducts.com/ website (the “Site”) is comprised of various web pages operated by Hydro Massage Products. https://www.hydromassageproducts.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.hydromassageproducts.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.hydromassageproducts.com/ is an E-Commerce Site.
Hydro Massage Products manufactures some of the industries healthiest and most therapeutic Whirlpool tubs and Air baths.
Price: Orders are accepted subject to prices in effect at the time of shipment and prices are subject to change without notice. Published pricing schedule shows suggested list prices and is subject to a trade discount determined by Hydro Massage Products.
All orders must be ordered on website, or emailed to email@example.com.
Terms of payment: General payment terms are net 30 for commercial accounts, all other payments are in full at the point of order. A rate of 2% monthly (26.82% per annum, compounded monthly) charge will apply on overdue accounts. No goods will be delivered to customers not complying with our sales and payment conditions.
Taxes: All prices published are exclusive of goods and services tax (GST). Provincial Sales Tax, if applicable, is extra.
Modification or Discontinuance: The Company reserves the right to modify products for improvement without notice, or to discontinue any model without incurring any obligation to furnish on any product previously furnished.
Warranty Responsibilities: The Company provides an express limited warranty to the consumer. For the specific provisions of the warranty, refer to the published warranty applicable to the particular product. The Distributor and Dealer are responsible for providing a copy of the applicable express limited warranty to users, installers, and contractors, at or before sale of each product, and obtaining evidence of receipt of the warranty by these persons. Distributor and Dealer each agree to include withing any contract for sale of Hydro Massage Products, and will require that any purchaser include within any contract whereby purchaser resells such product, the following terms:
In addition to the above, the Distributor and Dealer are responsible for communicating the procedure for resolving claims for warranty service to users, installers and contractors and shall:
- Promptly refer written and oral warranty claims by users and installers to an Authorized Customer Service Representative of the Company.
- Retrieve and exchange defective or damaged units when requested to do so by an Authorized Customer Service Representative of the Company.
- Return replaced units to the Company or destroy such units when instructed by an Authorized Customer Service Representative of the Company.
Shipment shortage: If a shortage is found at any time of delivery, the consignee should file his claim with the carrier, and ensure a notation is made on the freight bill noting the loss. The packing slip is enclosed to assist you in checking and receiving the merchandise.
Shipping damage: Hydro Massage Products will not be responsible for shipping damage. Product must be carefully examined at time of receipt to ensure it is damage free. Any damage discovered must be noted on the freight bill.
Returned goods: Merchandise may not be returned for any reason without prior written consent of Hydro Massage Products. Product returned for any reason other than our error will be subject to a 50% rehandling charge plus costs of labor and materials if returnable. Most items are special made to order and are non-returnable. Product returned must be shipped prepaid, otherwise shipment will be refused. A return goods authorization form must be obtained by Hydro Massage products.
Custom orders: All items made to order or and to customer’s specifications are non-returnable or subject to cancellation under any circumstances.
Cancellation, change orders and refund policy: No change or cancellation of an order will be accepted without prior written approval of the company. All items are made to order and most may not be cancelled. If production of an order has not been started a change may be made for $175.00 fee may apply. Some cancellations may be accepted if the product has standard features and can be resold.
Rush Orders: $495.00. Hydro Massage Products, LLC will attempt to ship an order place before 2:00 P.M. MST within 3 working days after the day the order has been placed. Extended lead times may occur. Contact the factory before committing to your customer. In the event we cannot meet the date, we will ship the product as soon as possible. We will not charge for the rush order, however, no compensation will be given.
Force Majeure: Any delay, failure to deliver, or breach by the Company due to fire, explosion, flood, riot, labor dispute, shortage, act of war, failure of supplier, carrier, accident, act of God, law, government or police act, order of restriction, or other event or circumstance beyond the Company’s reasonable control shall be excused.
Visiting https://www.hydromassageproducts.com/ or sending emails to Hydro Massage Products constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hydro Massage Products is not responsible for third party access to your account that results from theft or misappropriation of your account. Hydro Massage Products and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Hydro Massage Products does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.hydromassageproducts.com/ only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.hydromassageproducts.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hydro Massage Products and Hydro Massage Products is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hydro Massage Products is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hydro Massage Products of the site or any association with its operators.
Certain services made available via https://www.hydromassageproducts.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.hydromassageproducts.com/ domain, you hereby acknowledge and consent that Hydro Massage Products may share such information and data with any third party with whom Hydro Massage Products has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.hydromassageproducts.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hydro Massage Products or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hydro Massage Products content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hydro Massage Products and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hydro Massage Products or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Hydro Massage Products from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hydro Massage Products Content accessed through https://www.hydromassageproducts.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Hydro Massage Products, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hydro Massage Products reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hydro Massage Products in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Hydro Massage Products reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hydro Massage Products as a result of this agreement or use of the Site. Hydro Massage Products’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hydro Massage Products’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hydro Massage Products with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hydro Massage Products with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hydro Massage Products with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hydro Massage Products reserves the right, in its sole discretion, to change the Terms under which https://www.hydromassageproducts.com/ is offered. The most current version of the Terms will supersede all previous versions. Hydro Massage Products encourages you to periodically review the Terms to stay informed of our updates.
Any orders that do not specify pump location , finish or options will be shipped standard per specification sheet.
Freight and shipping: All shipments are F.O.B. factory unless agreed otherwise. All shipments must be inspected for damage before signing for product. No credit will be issued for goods not inspected and noted on freight companies paperwork as damaged or broken. (see Delivery Instruction Form)
Conditions of acceptance: The acceptance, shipment or delivery of any order is conditional upon approval of Hydro Massage Products credit department and upon these terms and conditions of sale applying to the order and not any others unless specifically agreed to in writing by Hydro Massage Products.The right to require satisfactory security for performance of buyer’s obligations prior to making shipment on any order is reserved by Hydro Massage Products.any merchandise sold remains the property of the seller until full payment is received.